UNMIK- Press Briefing: 4 September 2000

SRSG Dr. Bernard Kouchner

Not only was this  an important day, but I think it will be part of  the new history of the new Kosovo. A very important date, not because (UNHCR Special Envoy) Eric Morris and I came to the place (Peja/Pec--to visit Roma, Ashkalia and Egyptian communities), it was obvious that there were an agreement on this very good idea, but it is difficult to implement multi-ethnicity with all the communities together. But because Mr. Thaci, Mr. Rugova and Mr. Qojsa were together, speaking with the representatives of the Roma, the Egyptian and the Ashkali communities. It was important for that reason. I’m just a witness.

Questions:

Q: Mr. Kouchner, the question is for all of you: do you think it would have been much better to go to the detention centre in Mitrovica today, instead of going to the Romas?

BK: No, certainly not.

Q: Why, don’t you think that justice is the basis for tolerance, coexistence and all the future?

BK: Yes, but the future is more important than the past, and justice is very, very, very  important to set up, and we were on a good track. Unfortunately came this outrageous escape. And let me tell you how much I feel humiliated, frustrated and guilty. Real guilty. But it is not their fault (indicating the Kosovo Albanian leaders). It’s mine.

So you knew already about Mitrovica, in fact in the night of the day before yesterday and yesterday, some 15 detainees suspected of war crimes, genocide and mass murder, using the threat of a gun, succeeded--13 of them-- to escape from the Mitrovica prison.

And it was not the first time, because some others escaped from the hospital. So, I understand your question, and of course, we need justice to establish tolerance, and I need justice – I’m thirsty for justice. But justice is not easy to set up, it is certainly the most important but certainly also the most difficult thing to set up after the war, in a post-war situation.

So our judiciary system was getting better. We were setting up with real effort a rule of law ) system all over the place in Kosovo--with district courts, municipal courts, minor offences courts; it was very well noted by the international press and the local press that trials were going on peacefully, all the way to sentencing.

We were getting and training prison guards and specialists, from Great Britain, from Germany, from Italy. And it happens, the day before yesterday, I inaugurated the Istok prison: it was ready to receive some of these same people out of Mitrovica.

For the moment we are, of course, in a heavy investigation, and people will be punished. Surely, I have already suspended the director of the (Mitrovica) prison from UNMIK police. And some others will follow, because I won’t UN people not be responsible for their acts and themselves.

And we will evacuate the prisoners from Mitrovica peacefully without violence – I hope so. Evacuate them to other locations in order to refurbish and secure the Mitrovica jail.

KFOR and UNMIK Police are in charge of looking for the escaped prisoners, and I hope we will find them: already we have found two of them.

We are looking for possible negligence, eventual complicity, because a gun was smuggled into the jail, with someone, I suppose.

Qojsa: I will address the question back to the journalist: why did not you raise the issue of escape after it happened the first time. I think we could have prevented this escape. I raised my voice….UNMIK and KFOR have been here 15 months in Kosova. Hundreds of families  lost family members, but we have not seen a single case of an arrested criminal to answer to the deeds he has done. Will we be able to see that? Punishment of the criminals is one of the conditions to peace and tolerance in Kosova.

Q: Have you made a decision on the Yugoslav elections and shall they be held here in Kosovo?

BK: Yes. I wanted to present it to you tomorrow. But to be very clear: Yes, they have the right to vote. The Serbs and all the communities have the right to vote.. As UNMIK we are in charge of all elections and the administration here in Kosovo, but we recognise the right to vote. Eventually we can organise, and we are organising elections. I hope, touch wood, elections on the 28th of October. OK? They have the right. But these so-called elections of 24 September (FRY) are not meeting any international standards. We will prevent violence; we’ll take care of the people as much as possible, but we are not going to be involved in a sort of provocation/…  It is impossible to support (elections) without any voting list, (with the intention) of counting the votes in Serbia and not in the place where the people are supposed to vote. We cannot accept that. This is clear. But what is clear also: I cannot answer officially to somebody who didn’t ask any question. And I have not been told, I have not been asked, (..) officially, to do anything, or to do something.

Q: Didn’t you say that you can’t support administratively the Yugoslav elections within Kosovo. Will you be barring Yugoslavian officials form setting up polling stations here?

BK: I can not support these so-called elections, because for me, for us, for the international community, there will be no fair, open democratic and controlled elections.

Q: You can’t support them, but can you prevent them?

BK: Certainly not. I have not been asked to support them, to  avoid or to cancel or to help in any manner. I heard some reports in the press and some press release about their willingness, that’s all. And after consultation with the UN body and nations,  I am telling you that for us these particular so-called elections are not fair, open and democratic, and UNMIK will not support these elections, and will not organise this election. But we offer security for the people because we are in charge of security, that’s all.

So I offer you to come back to this particular drop of hope (the Roma visit) and not to the past. We are sorry that Rada Trajkovic has not been involved today but she will be with us tomorrow.

Q: Mr. Kouchner, a week ago you said that you will recommend that these elections do not take place (..). After all consultations you’ve had with Security Council members it seems that you bowed to their pressure. Do you think that the decision here is wise enough, and won’t raise tensions in Kosovo? Do you think that this is a political compromise that you have reached with the Security Council members?

BK: I don’t think that it is a compromise. I told you roughly the same thing one week ago,  so I didn’t change my mind. It happened also that people all over the world were more or less, with some details, deeply in agreement with us. And it is not a compromise. How can I answer officially to Belgrade’s people? They didn’t ask anything. Second; I discovered that they were preparing something. So I want clearly to say: yes 1244 is in agreement with the  international community on the freedom of vote--for Serbs and the other communities. But no, it is impossible for us (to support these elections) We spent 15 months to try to be on time in organising municipal elections on 28 October.

After 15 months, we had to postpone them for one week, just in order to be just on time. It was very difficult – for the administration and everything here in Kosovo. And now, regarding the 24th, (Belgrade) has not asked us anything. And in 15 days we have to organise  a Kosovo-wide election? This is just a farce. This is impossible. So the answer is clear: UNMIK will not participate in a so-called election which is merely a provocation in order to undermine our very important election on 28 October.

And of course we have also to talk about security, and to ensure security for all communities.

Q: I am going to ask another elections-related question. It is because we have the three Albanian political leaders here, and that is a very rare thing for us. I would like to ask your reactions, to Dr. Kouchner said that the UN will provide security for the Yugoslav presidential elections, that it would be obliged to. What is your reaction to that, and what are your concerns about vote going ahead – all three leaders?

Ibrahim Rugova: We have agreed to have a joint statement tomorrow. As far as you know there are no other elections in Kosova for us … I understand Dr. Kouchner, he speaks from the position he has as an administrator, and we fully agree. There cannot be other elections in Kosova (..).But as for security I think that everyone in Kosova ..all communities should be able to live here.

Hashim Thaci: I have my answer today. We will not recognise any kind of election which Serbia intends to hold in Kosova.

The citizens who live in Kosova are Kosovars, not Yugoslavs, they are participating in elections that are organised in Kosova. I hope that the other political parties that still have in their platform coexistence… We are here with UNMIK and KFOR, and we can build the future together with the internationals.

It is important that these elections are free, fair and democratic. The results of the elections will be accepted by all Albanian political parties and parties of other communities.

Qojsa: I’m not very happy with the answer of Dr. Kouchner as far as the elections of Serbia held in Kosova. This provocation from Serbia needs a very decisive answer – a political and moral answer. There cannot be any kind of elections in Kosova organized by a country which has committed genocide in Kosova. They cannot organise those elections today, and I say they will never organise them. I think the efforts from Serbia to organise the elections here in Kosova is a provocation and a violation of the authority of the UN and KFOR in Kosova. Finally Kosova is (administered) today by the international community.

Q: Do you feel satisfied that you will be capable of providing the security required should the Serbs try and vote, as you have said that they will be allowed to vote.

BK: Yes, we are in charge, but mainly KFOR. We are all in charge in the name of the international community, of peoples’ security. Yes, but I don't take any decision without not only consulting but also working General Ortuño and his staff.  I agree Professor Qojsa that it is a provocation. But I’m in charge of the implication of the 1244, and I am an honest servant of the international community. So I have found a way across 1244.

Q: Mr. Kouchner, would you say that the Albanians and Serbs and all the communities of Kosovo have the right to which kind of elections they want to vote in. If the Serbs vote in the Yugoslav elections, the local Yugoslav elections – the municipal, the parliamentary, the presidential elections in Yugoslavia, and if the Albanians vote in the elections on the 28 October elections prepared by the international community, then as the SRSG: which part of Kosovo are you administrating?

BK: As you perfectly know, they are not asking for municipal elections, they are not asking for anything, but they are apparently or supposedly organizing elections for the parliament and federal elections for the presidency. According to 1244, (Serbs) they have the right like all the other communities, to vote because Kosovo according to 1244, is part of the FRY. This is the legal base. Now, clearly, as I told you, we are in charge of the administration, but we have not been asked to participate. Second; these particular elections are a provocation, and we have no time, even if we were obliged to do so, we have no time in 15 days to organise what has already taken 15 months with very hard work by the OSCE and all international organisations … And we are going on to 28 October, I’m definitely and absolutely optimistic to show the world the real face of Kosovo. The beginning of the democratic Kosovo, which we have initiated today in Peja/Pec.

This is very clear. Municipal elections will be organised on 28 October with all the parties open to observers. The ballots will be counted openly by observers et cetera, which is impossible to believe (could happen) in this so-called election on the 24th… Don’t try to trap me. Don’t try to take the worst side of the scene. It is complicated enough here.

Q: Dr. Kouchner: If you feel you are not going to support these elections, will you allow Serbian politicians to come in to Kosovo and campaign, including the SPS? Will you stop them, and will you stop them voting, will you stop the ballot boxes coming in? How will you handle the logistics of it?

BK: First, they didn’t ask me. Secondly it will depend on security reasons. Clearly. And sometimes, in advance, I can tell you, it will be very difficult to accept.